The applicant employers sought a review of an Employment Standards Officer's Order to Pay vacation pay to approximately 60 employees following the acquisition of a bankrupt business.
At the hearing, the employer provided unchallenged evidence that it had already paid the required vacation pay to all former employees it continued to employ, and that other individuals on the order were never employed by the applicants or had breaks in service.
As the employer had fully complied with its obligations even if a sale of business had occurred, the Board rescinded the Order to Pay and directed the return of funds held in trust.
